Young Offenders


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Young Offenders

  2. 2. Hint: Young Offenders should always be included in a 15 mark response as an example. Learn how to link this section with any themeFriday, 17 August 2012 2
  3. 3. Age of Criminal Responsibility Reasons for young people to be involved in crime poor parental supervision drug and alcohol abuse neglect and abuse homelessness negative peer associations difficulties in school and employment.Friday, 17 August 2012 3
  4. 4. Friday, 17 August 2012 4
  5. 5. Reasons why young people are treated differently to adults preventing children and young people from being exploited protecting them from the consequences of making uninformed decisions protecting others from being disadvantaged by dealing with a person who is a minor.Friday, 17 August 2012 5
  6. 6. DOLI INCAPAX ‘incapable of wrong’; the presumption that children under a certain age cannot be held legally responsible for their actions and cannot be guilty of an offence Absence of Mens Rea, set out in Children (Criminal Proceedings) Act 1987 (NSW)Friday, 17 August 2012 6
  7. 7. Hint: Go over your Children and the Law notes to support this sectionFriday, 17 August 2012 7
  8. 8. Rebuttable presumption - a legal presumption in favour of one party – it can be rebutted by the other party if they can show sufficient evidence to disprove it - 10-14 years Conclusive presumption - a legal presumption in favour of one party that is final (conclusive) and cannot be rebutted by the other party - under 10 years CROC supports this idea of the age of criminal responsibilityFriday, 17 August 2012 8
  9. 9. Friday, 17 August 2012 9
  10. 10. CHILDREN UNDER THE AGE OF 10 Children (Criminal Proceedings) Act 1987 (NSW) lays out the minimum age of criminal responsibility There are occasional debates within the public to reduce this ageFriday, 17 August 2012 10
  11. 11. CHILDREN AGED BETWEEN 10 TO 13 YEARS The prosecution can rebut the issue of doli incapax proving beyond reasonable doubt that the accused child knew of their actionsFriday, 17 August 2012 11
  12. 12. YOUNG PEOPLE 14 TO 17 YEARS Doli-incapax no longer applies young people under 16 years of age cannot have a criminal conviction recorded against them Matters will be heard in the Children’s CourtFriday, 17 August 2012 12
  13. 13. Rights of Children when Questioned or Arrested Some examples when a child must answer to police where the police officer suspects on reasonable grounds that the person can assist them in investigating an indictable offence that was committed nearby Situations relating to vehicles and traffic Where a person is suspected of committing an offence on a train.Friday, 17 August 2012 13
  14. 14. Children have the right to silence when questioned by police Under s 13 of the Children (Criminal Proceedings) Act 1987 (NSW) a responsible adult must be present otherwise evidence may be deemed inadmissible Police Searches are largely the same as adultsFriday, 17 August 2012 14
  15. 15. Hint: NSW Attorney General Greg Smith, wants persistent Graffiti to be jailed but only as a last resortFriday, 17 August 2012 15
  16. 16. ARREST AND INTERROGATION Law Enforcement (Powers and Responsibilities)Act2002 (NSW): Police are allowed to use reasonable force on a young person to arrest Arrest and Interrogation are similar to adults, however extra warning of young persons rights need to be givenFriday, 17 August 2012 16
  17. 17. For children under 14, police must apply to the Children’s Court in order to take fingerprints and photographs DNA samples, fingerprints and photos are to be destroyed if the criminal matter is not proven in court In R v. CKT 1999 (NSW) (unreported), the police conducted an interview with a murder suspect without the presence of a supporting adult, believing he was over 18 years of age, only to find out later this was not the case. Therefore evidence gained during the questioning could not be admitted into court.Friday, 17 August 2012 17
  18. 18. Friday, 17 August 2012 18
  19. 19. Children’s Court - procedures and operation Established in 1987 No Jury Hears any offence other than a serious indictable offence committed by a child Follows procedures from the Children’s (Criminal Proceedings) Act 1987 (NSW) Hint: Children’s court is a local specialised courtFriday, 17 August 2012 19
  20. 20. Hint: This systems promotes the rights of young people when accused of a crimeFriday, 17 August 2012 20
  21. 21. CHILDREN’S COURT STATISTICSFriday, 17 August 2012 21
  22. 22. Children may often commence with minor crimes The 10-14 age group has shown an increase since 2003 Large cases involving males throughout all ages groups Hint: Under s.11 of the Children (Criminal Proceedings) Act 1987 (NSW), it is an offence to publish or broadcast the name (or other identifying details) of a child involved in criminal proceedings.Friday, 17 August 2012 22
  23. 23. Penalties for Children Purpose of rehabilitation is given primary weight (consistent with CROC) Penalty imposed on a child shall be no greater than that of an adult for the same offence Children should be assisted with reintegration into the community Children accept responsibility for their actions and if possible make reparation for themFriday, 17 August 2012 23
  24. 24. Friday, 17 August 2012 24
  25. 25. JUVENILE JUSTICE CENTRES maximum time served is two years provide educational and recreational facilitiesFriday, 17 August 2012 25
  26. 26. Hint: The reforms to the Bail Amendment Act 2007 and young offenders is a classic argument in crimeFriday, 17 August 2012 26
  27. 27. Friday, 17 August 2012 27
  28. 28. SENTENCING CONSIDERATION consider fines in light of the offender’s ability to repay it Community service orders would be more beneficialFriday, 17 August 2012 28
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  30. 30. Friday, 17 August 2012 30
  31. 31. Hint: Try to include case law where it is possible in a 15 mark crime questionFriday, 17 August 2012 31
  32. 32. Alternatives to Court The Primary Diversionary Program is in the Young Offenders Act 1997 (NSW) Warnings, Cautions and Youth Justice ConferencesFriday, 17 August 2012 32
  33. 33. YOUTH JUSTICE CONFERENCING YOUNG OFFENDERS ACT 1997Friday, 17 August 2012 33
  34. 34. Department of Juvenile Justice Community Services (DoJJ) Support for juveniles that have problems seeking bail and have been placed on remand Youth Drug and Alcohol Court Program (YDAC) Diversionary program instead of custody, run by NGO’s. Non-compliance will lead to incarceration Hint: A classic way to link back to other sections in the crime syllabusFriday, 17 August 2012 34
  35. 35. Effectiveness of the law when dealing with Young Offenders Legislation has passed to protect and improve the rights of children in the criminal justice system Children’s (Criminal Proceedings) Act 1987 (NSW) Young Offenders Act 1997 (NSW) Deterring children away from custodial sentences Youth Justice Conferencing has been seen more effective than incarcerationFriday, 17 August 2012 35
  36. 36. Crime: Multiple Choice Which of the following is a major consideration of the Children’s Court when sentencing young offenders? (A) Imprisonment is viewed as a last resort. (B) Fines are regarded as appropriate punishment. (C) Retribution is the main purpose of punishment. (D) Community service is regarded as an inappropriate punishment.Friday, 17 August 2012 36
  37. 37. ANSWER (A) Imprisonment is viewed as a last resortFriday, 17 August 2012 37
  38. 38. 2. A six year old boy, named Corey Davis, was pushed into a river by a ten year old and drowned. The ten year old could not be charged with manslaughter. The reason why the ten year old was not charged is known as: a) voluntary manslaughter b) involuntary manslaughter c) doli capax d) doli incapaxFriday, 17 August 2012 38
  39. 39. ANSWER d) doli incapaxFriday, 17 August 2012 39
  40. 40. 3. A legal presumption in the area of young offenders meaning that the onus is on the prosecution to prove beyond a reasonable doubt that a child could have committed the offence is known as a: a) rebuttable presumption b) conclusive presumption c) judicial presumption d) discretionary presumptionFriday, 17 August 2012 40
  41. 41. ANSWER a) rebuttable presumptionFriday, 17 August 2012 41
  42. 42. Crime Question: 15 Marks Evaluate the effectiveness of the criminal justice system in dealing with young offenders with respect to two issuesFriday, 17 August 2012 42
  43. 43. AREAS IN THE SYLLABUS FOR YOUNG OFFENDERS Arrest and charge Bail and Remand Rights of the accused Legal Aid and representation Purposes for punishment:diversionary programs, rehabilitation and restorative justiceFriday, 17 August 2012 43